JB Carter Enterprises, LLC v. Elavon, Inc.

Filing 31

ORDER Denying without prejudice the parties' 29 Proposed Discovery Plan/Scheduling Order. The parties shall file a renewed joint proposed discovery plan no later than 5/29/2018. Signed by Magistrate Judge Nancy J. Koppe on 5/23/2018. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JB CARTER ENTERPRISES, LLC,

Case No.: 2:18-cv-00394-JAD-NJK

Plaintiff(s),

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v.

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Order

ELAVON, INC.,

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(Docket No. 29)

Defendant(s).

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Before the Court is the parties’ joint proposed discovery plan and scheduling order seeking

17 special scheduling review. Docket No. 29. The parties seek an extended discovery period of 270
18 days measured from May 18, 2018, the date United States District Court Judge Jennifer A. Dorsey
19 held a hearing on, inter alia, Defendant’s motion to dismiss, as opposed to the date the first
20 Defendant answered or appeared, on March 12, 2018. Id. at 2; see also Local Rule 26-1(b)(1).
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A discovery period longer than the presumptively reasonable discovery period of 180 days

22 “must include...a statement of the reasons why longer or different time periods should apply....”
23 Local Rule 26-1(a). The parties ask for an extended discovery period “because the parties refrained
24 from commencing discovery as they reasonably believed the District Court’s decision on
25 Defendant’s Motion to Dismiss could significantly impact the scope of discovery in this matter.”
26 Docket No. 29 at 2. The parties further submit that an extended discovery period is warranted
27 because of the “anticipated volume of documents that will be produced and the requisite time to
28 review them…” Id.
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The Court previously noted that parties may not institute a self-imposed stay on discovery.

2 Docket No. 27. Moreover, the parties’ statement regarding the volume of documents and time to
3 review them is vague and, therefore, insufficient under Local Rule 26-1(a) to warrant an extended
4 discovery period that is longer than the presumptively reasonable discovery period of 180 days.
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Accordingly, the Court DENIES without prejudice the parties’ joint proposed discovery

6 plan. Docket No. 29. The parties shall file a renewed joint proposed discovery plan no later than
7 May 29, 2018.
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IT IS SO ORDERED.

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Dated: May 23, 2018
_______________________________
NANCY J. KOPPE
United States Magistrate Judge

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